By taking recourse to Article 138(3) of the Constitution, which stipulates that the Supreme Court propose EC nominees for Senate approval if all legal means are exhausted, Suchon was seen as trying to maintain the status of the three EC members who have refused to quit.

The EC has come under mounting pressure to take responsibility for the bungled April 2 general election. The EC is short of two members due to the death of Jaral Buranapansri last year and the recent resignation of Charupat Ruangsuwan.

In an unprecedented move, Suchon also appointed Surapong Masawisut, legal adviser to the Office of the Senate Secretariat, as spokesman of the office, with immediate effect.

Surapong said it was now for the Supreme Court to decide. "The Senate has followed legal procedures by asking the court to decide as the selection committee cannot be named," he said.

Surapong said he had no idea if the Senate would request a Consti-tution Court ruling in case the Supreme Court still refuses to act.

A source said the Senate legal team had advised Suchon that if the Supreme Court refuses to select the two candidates within 45 days starting from May 15, the day Charupat resigned, the Senate could refer the matter to the Constitution Court. The charter court is expected to rule that the Supreme Court should select the two candidates. The 45-day period would end on June 28.

Outgoing Senator Sak Khosangruang slammed Suchon for practising double standards. He said that when Jaral passed away, the Supreme Court nominated judge Kasem Weerawong as a successor, but Suchon stalled any decision for six months.